Kevin Butler v. Douglas County

MEMORANDUM

Plaintiffs-Appellants, registered medical marijuana cardholders under the Oregon Medical Marijuana Act (OMMA), appeal a summary judgment granted to Defendants-Appellees, Douglas County and Sheriff Chris Brown, dismissing civil rights claims under 42 U.S.C. § 1983 . We have jurisdiction under 28 U.S.C. § 1291 . We may affirm on any basis supported by the record, McSherry v. City of Long Beach, 584 F.3d 1129, 1135 (9th Cir.2009), and do affirm.

As a local government entity, the County is generally only liable for a potential 42 U.S.C. § 1983 violation if a plaintiff shows the existence of a government policy or custom that was the moving force behind the violation. Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 694 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978); Van Ort v. Estate of Stanewich, 92 F.3d 831, 835 (9th Cir.1996). Liability, however, can also arise where the absence of a policy has led to a violation, as a result either of a longstanding practice or custom, or the violation being caused by a person holding “final policy-making authority.” Webb v. Sloan, 330 F.3d 1158, 1164 (9th Cir.2003). Appellants here did not allege facts regarding a County policy or the absence…